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Americas+1 212 318 2000
EMEA+44 20 7330 7500
Asia Pacific+65 6212 1000
By Courtney Rozen
President
Biden’s regulatory agenda, detailed Friday afternoon, includes more than 2,300 items. The agenda, typically issued twice per year, offers a window into how the administration plans to use dozens of cabinet-level departments, executive agencies, and federal commissions to advance the president’s priorities.
Many of the agenda items echo what the administration has listed several times. New items include the US Equal Employment Opportunity Commission’s plans to propose a rule next year on collecting compensation data from employers.
Other new items include a listing indicating the Treasury Department is working on new rules shoring up tax regulations on international income and assets, as well as energy credits and corporate and partnership tax maneuvers.
In addition, the Consumer Financial Protection Bureau plans to address “mortgage refinancing and closing costs,” which the agency sought initial public comment on in May.
The Environmental Protection Agency plans additional changes for existing coal-fired power plants, after finalizing new standards under Section 111(d) of the Clean Air Act in April. The agency still needs to set greenhouse gas emission guidelines for existing fossil fuel-fired power plants, setting the date for that proposal in December 2024. Energy industry groups are challenging the standards finalized in April in the US Court of Appeals for the District of Columbia Circuit.
Curbing climate change has been a central piece of the Biden administration’s regulatory plans. The regulatory agenda indicates the Securities and Exchange Commission pushed back two rules in its regulatory agenda to October from April: One that updates a regulation requiring companies to disclose details about their workforce, and another that would require investment companies and investment advisers to disclose more information about their environmental, social and governance investment practices.
The Biden administration plans to finalize regulations that would protect construction workers from injury and make it easier for foreign citizens with advanced degrees to work in the US.
Friday’s agenda is expected to be the last one issued before November’s election.
“These actions continue this administration’s progress in delivering for the American people,” said Sam Berger, associate administrator of the Office of Information and Regulatory Affairs, the team that prepared the agenda, in a statement. OIRA did not respond to questions from Bloomberg Law in time for publication.
Opponents of Biden’s rules will find it easier to challenge them in court after a divided US Supreme Court in Loper Bright Enterprises v. Raimondo threw out a decades-old legal doctrine that empowered federal regulators to interpret unclear laws.
Loper Bright will make it harder for the Biden administration to defend its rules before federal judges. Many of Biden’s policy aims depend on interpretations of executive power under older laws, or writing rules where Congress called for standards but left it up to agencies to create them.
Pressure is separately mounting on Biden to end his reelection campaign, after he repeatedly stumbled through his responses in a June debate against former President
—With assistance from Evan Weinberger, Maya Earls, and David Hood.
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